Compassionate appointment not a right; must strictly follow rules on age, conduct, and financial need; no sympathy override.

ORDER

PER HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

The applicant has filed the present OA with a prayer to quash and set aside the order dated 17.06.2021 rejecting his request for compassionate appointment and to direct the respondents to consider his case for appointment as GDS under compassionate grounds.

2. The brief facts of the case are that the applicant’s wife Smt.K.Meenakshi while working as GDS Branch Post Master, Anamarlapudi BO a/w Sangam Jagarlamudi SO in Tenali Division had suddenly died on 27.11.2019 leaving the applicant(her husband) and two minor children. The applicant is not employed anywhere and is working on daily wages whenever there was work. He has no movable or immovable properties and other source of income. Since he is solely dependent upon his wife late Smt.K.Meenakshi, GDS BPM, he submitted an application dated 30.01.2020 for compassionate appointment to the 2^nd respondent i.e. Chief Post Master General enclosing some certificates. He explained the circumstances and financial position of the family in his representation and requested respondent No.2 for immediate compassionate appointment to attend the needs of his two minor children. The applicant submitted another representation dated 03.02.2021 to the 2^nd respondent again requesting for compassionate appointment. While so, the 2^nd respondent vide order dated 17.06.2021 informed the applicant that since he does not have good conduct in the village and hence the committee on compassionate engagement did not recommend for engagement on compassionate grounds. Based on the said recommendations, his case was not considered and nor recommended by the 2^nd respondent. But the applicant denied the said allegations and when he requested for information regarding basis for said allegations through RTI Act, the respondents have not supplied anything stating that the said information is confidential hence could not be supplied. Aggrieved by the said reply, he submitted an appeal to the Appellate Authority i.e. Director (Postal Service), O/o OMG, Vijayawada dated 27.08.2021 seeking the above said information. But, there is no reply so far. When the respondents did not furnish the information or documents based on which they have come to the conclusion that the applicant’s conduct in the Village was not good, the local police certified vide certificate dated 11.09.2021 that the applicant was not involved in any criminal case as per police records and nothing adverse has come to the notice against him. Similarly the Sarpanch of the village Anumarlapudi Gram Panchayat, Pedakakani Mandal, Guntur District had also certified that the applicant had no differences with anyone of the villagers vide certificate dated 07.09.2021. In other words the applicant has good conduct/character and there was nothing adverse against him to show that his conduct was not good. Under these circumstances, rejecting the request of the applicant for compassionate appointment is illegal, arbitrary and against rules.

3. The respondents have contested the OA by filing a reply statement They have submitted that the wife of the applicant Smt.K.Meenakshi was engaged as GDS BPM, Anamarlapudi BO a/w Sangam Jagarlamudi SO on 16.09.1998 and died on 27.11.2019 after rendering 21 years of service in GDS cadre in the Department leaving behind her husband and two children. The cause of death as per the records is normal death. However, the applicant has made propaganda through his letters and caused distribution of pamphlets against the Department through one of the service unions that the death of the GDS official is not normal but a suicide due to pressure put by the administr